Page No.# 1/3 GAHC010084642025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1259/2025 MANJINDER SINGH S/O PRAGAT SINGH R/O HOUSE NO. 2, VILL-CHUSLEWARH TEH-PATTI DISTRICT TARN TARAN, PUNJAB. VERSUS THE UNION OF INDIA REP. BY THE STANDING COUNSEL, NCB Advocate for the Petitioner : MR. T HUSSAIN, Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.06.2025 Heard the learned counsel Mr. Y S Mannan appearing for the petitioner. Also heard Mr. S C Keyal, the learned Standing Counsel appearing for the NCB. 2. This application has been filed under Section 483 of the BNSS, 2023 in respect of N.D.P.S. Case No. 25/2021 corresponding to NCB Crime Case No. 19/2020 pending in the court of the Page No.# 2/3 learned Special Judge, Kamrup Amingaon. 3. The petitioner was the driver of a truck from which 345.84 kilograms of ganja were recovered. The petitioner allegedly stated before police that he loaded the said ganja at Dimapur and was travelling to Bihar, where he was told to deliver the same to another person Vishnu Choudhury at Agra. 4. The primary ground on which the bail has been sought for is long incarceration. In the case before the Trial Court 8 numbers of prosecution witnesses have been shown and out of them, 4 witnesses have been examined. The petitioner was arrested on 31.12.2020 and the charge was framed on 19.04.2020. Till now, 4 years 6 months 16 days have elapsed. 5. Mr. Keyal has relied upon a judgment of a coordinate Bench of this Court that was delivered in Bail Application No. 1379/2025. The factual scenario in the said case is similar to the present case. 6. I have gone through the said judgment. In that judgment, the commercial quantity of drugs invited the embargo of Section 37 of the NDPS Act. 7. Mr. Keyal further relied upon another judgment of the Hon’ble Supreme Court that was delivered in State by (NCB) Bengaluru vs Pallulabid Ahmad Arimutta and Another reported in (2022) 0 (Supreme) (SC) 56. In this case, the commercial quantity of narcotic drugs invited the embargo of Section 37 of the NDPS Act. 8. Mr. Mannan has relied upon the judgment that was delivered in Dheeraj Kumar Shukla v. The State of Uttar Pradesh (Special Leave to Appeal (Criminal) No. 6690/2022). In this judgment the Hon’ble Supreme Court has held that the quantity of narcotic drugs recovered may be of commercial quantity and ordinarily the provision of Section 37 of the NDPS Act may be attracted. The court held that in the absence of criminal antecedent and the fact that the petitioner is in custody for the last 2½ years, the conditions of Section 37 of the NDPS Act can be dispensed with. 9. I have considered the submissions made by the learned counsel of both sides. 10. In Rabi Prakash Vs. State of Orissa reported in (2023) SCC Online SC 1109, it was held by the Hon’ble Supreme Court that long incarceration overrides the provisions of Section 37 of the NDPS Act. 11. The period of 4 years 6 months 16 days is extraordinarily long period. Considering the aforesaid facts, this Court is of the opinion that for long incarceration, the bail payer of the petitioner needs to be accepted. Page No.# 3/3 12. Therefore, the bail application of the petitioner is allowed. 13. Accordingly, it is hereby directed the petitioner, namely, Manjinder Singh, who is facing trial in N.D.P.S. Case No. 25/2021 corresponding to NCB Crime Case No. NCB Crime No. 19/2020 pending in the court of the learned Special Judge, Kamrup, Amingaon shall be released on bail of ₹1,00,000/- (one lakh) with two local sureties of like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon. 14. The petitioner shall regularly appear before the Trial Court. If he fails to appear before the Trial Court, the Trial Court shall be at liberty to procure his attendance under due process of law. The bail application is disposed of accordingly. JUDGE Comparing Assistant